PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  1 March 2001
	DOCKET NUMBER:  AR2000049566

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests adjustment to his date of rank for major.

3.  The applicant states that under the provisions of Title 10, United States Code, Section 14304, his promotion to major should have been made on or before his completion of 7 years in the rank of captain. 

4.  The applicant’s military records show that he was serving as a captain in the Reserve with a date of rank of 1 March 1992.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 28 February 1999.

5.  The 1998 Reserve Components Selection Board (RCSB) considered officers in the promotion zone with dates of rank of 16 May 1992 or earlier.  The 1999 RCSB considered officers in the promotion zone with dates of rank of 16 May 1993 or earlier.

6.  He was erroneously not considered by the 1998 and 1999 RCSB’s.

7.  He was considered and selected for promotion to major by the 2000 RCSB.  The President approved the results of the board on 19 July 2000.

8.  He was assigned to a major position effective 2 August 1999.

9.  A promotion memorandum dated 10 August 2000 was issued to him showing 19 July 2000 as his effective date and date of rank for major.

10.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers.  The law became effective 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MYIG for a captain is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service.  ROPMA further species that unit officers must be serving in a position requiring the higher grade.

11.  Title 10, United States Code, chapter 1405, provides for promotion of officers selected for the first time by an RCSB at any time on or before their MYIG date.

12.  Title 10, United States Code, section 14304(a)(1) provides for promotion consideration within specified times and that officers shall be placed in the promotion zone for that officer’s grade competitive category, and shall be 

considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in the grade specified, and if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.

13.  In similar cases such as this, the Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that an officer’s promotion eligibility date for major is based on the required 7 years time in grade; and that if that officer was considered and recommended for promotion to major by the 2000 RCSB under ROPMA, that officer cannot be promoted until the President has approved the board.  This RCSB was approved on 19 July 2000 and the officers were issued promotion memorandums on 10 August 2000 with dates of rank of 19 July 2000 since this was the day the President approved the board.  Also in cases such as this, denial was recommended.

CONCLUSIONS:

1.  The applicant was erroneously not considered for promotion to major by the 1998 and 1999 promotion boards and should now be submitted to a special selection board (SSB) for this purpose.  He should have been considered earlier than the year 2000, so that if selected, he could have been promoted on or before 28 February 1999, his MYIG date.  The Board notes that the applicant’s records, in accordance with policy, were not reviewed prior to his MYIG to insure promotion on the MYIG if selected.

2.  The Board concludes that the applicant was not given fair and timely promotion consideration in 1998 and 1999.  He should not be penalized for what appears to have been an error on the part of those responsible to timely consider him for promotion.  

3.  Notwithstanding the opinion normally provided by the PERSCOM in cases such as this, and based on the foregoing conclusions, the applicant is entitled to consideration for promotion to major under 1998 and 1999 criteria by an SSB.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by submitting the records of the individual concerned to a duly constituted special selection board for promotion consideration to major under 1998 and 1999 criteria.

2.  That, if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefor, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.

3.  That, if not selected, the applicant be so notified.

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jk___  ___cg___  ___rd_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John H. Kern_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049566	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.